Tim bought flat which was inherited BEFORE he met TINA, however he sold the flat and used £80,000 to pay a deposit on home which was £240,000 in 2007 & they moved in before Xmas 2007

In Mitchell v Mitchell 1995 – Inner house of Court of Session held that a house bought before marriage is treated as matrimonial property only if acquired with attention to marry for both parties.

Lord McLean observed that

“ any property acquired by parties during the marriage but before separation is matrimonial property even if purchased with funds which one of the parties acquired by way of gift or succession The funds themselves before their application in acquiring the property, would not under S10 be matrimonial property”

So Tim inherited the money and bought a flat. £80 K deposit

However, as he used money with intention to buy family home – it is now matrimonial property….

He financed whole thing she did some DIY work herself maintaining it.

[Welsh v Welsh 1993]

She gave up job to look after kids, awarded equal share ….

She moved out

Only have state pension

The basic state pension cannot be shared. The court cannot make a pension lump sum order under S12A of 1985 act